Young v Bristol Aeroplane Co Ltd

Facts

The claimant relied on a previous decision of the English Court of Appeal and the question arose whether the Court was bound by its own earlier decisions.

Issue

Is the Court of Appeal bound by its own previous decisions?

Held

Yes, subject to three exceptions: where two of its own decisions conflict, where its decision cannot stand with a later House of Lords decision, and where its decision was given per incuriam.

Principle

An intermediate appellate court is generally bound by its own decisions, with limited exceptions.

Why it matters

Persuasive in Sierra Leone, where s.128(3) of the Constitution makes the Court of Appeal bound by its own decisions.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.